NSWIn ForceAct
Local Government Act 1993
440AAAdministration of code of conduct
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#### 440AA Administration of code of conduct
440AA Administration of code of conduct
> > (1) The regulations may prescribe a procedure (the model procedure) for administering the model code.
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> > (2) The model procedure is to set out the procedures for dealing with alleged contraventions of the model code.
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> > (3) A council must adopt a procedure (the adopted procedure) that incorporates the provisions of the model procedure. The adopted procedure may include provisions that supplement the model procedure.
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> > (4) A council’s adopted procedure has no effect to the extent that it is inconsistent with the model procedure as in force for the time being.
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> > (5) Councillors, members of staff and delegates of a council must comply with the applicable provisions of—
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> > > (a) the council’s adopted procedure, except to the extent of any inconsistency with the model procedure as in force for the time being, and
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> > > (b) the model procedure as in force for the time being, to the extent that—
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> > > > (i) the council has not adopted the model procedure, or
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> > > > (ii) the adopted procedure is inconsistent with the model procedure, or
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> > > > (iii) the model procedure contains provisions or requirements not included in the adopted procedure.
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> > (6) This section applies to an administrator of a council (other than an administrator appointed by the Minister for Water, Property and Housing under section 66) in the same way as it applies to a councillor.
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> **s 440AA:** Ins 2012 No 94, Sch 1 \[11\]. Am 2016 No 38, Sch 1 \[56\]; 2020 No 30, Sch 3.27\[1\].